Judge in Boston Blocks Rule Cutting Refugees' Time to Fight Loss of Status to 10 Days

A federal judge in Boston on Tuesday temporarily blocked the Trump administration from putting into effect a rule that would cut the time refugees have to contest a decision to end their legal status from 30 days to 10 days.

US District Judge Julia Kobick issued an order that puts the rule on hold through November 6. The rule was issued by US Citizenship and Immigration Services on October 14. Kobick said the rule should be paused to preserve the status quo until the case can be heard by a colleague, according to Reuters.

What the order blocks

The order bars the government from implementing or enforcing the October 14 rule through November 6. It also bars officials from enforcing termination notices that were issued under the shortened 10 day deadline between October 14 and October 27, and from ending a person's refugee status because that person did not answer one of those notices in time.

Democracy Forward, which represents the plaintiffs, said the court acted to preserve the status quo and prevent irreparable harm while it considers a request for a longer stay. Erez Reuveni, a lawyer for the plaintiffs at Democracy Forward, told Reuters the decision "provides meaningful protection for people who were already facing termination notices."

The Department of Homeland Security, which oversees the immigration agency, did not respond to a request for comment from Reuters. The department had estimated that the new rule would affect as many as 186,000 refugees.

A protection in place for 45 years, cut to 10 days

Before October 14, a refugee who received a notice of intent to terminate had 30 days to respond with evidence or a request to be heard. The advocacy groups say that protection had been in place for 45 years. The new rule cut the window to 10 days and took effect the day it was issued.

The rule applies when the agency decides that a person was not a refugee under the law at the time that person was admitted to the United States. Losing refugee status can lead to removal proceedings.

The lawsuit

Refugee, advocacy and service organizations and four individual refugees filed a class action lawsuit on Monday, one day before the ruling. The case is PANA et al. v. Edlow et al., filed in the US District Court for the District of Massachusetts.

The plaintiffs include the Partnership for the Advancement of New Americans, Jewish Family Service of Western Massachusetts, the International Institute of New England, African Communities Together, HIAS and the Refugee Council USA. The four individual plaintiffs come from Afghanistan, Ethiopia, Colombia and Iraq, according to Democracy Forward and the International Refugee Assistance Project, which also represents the plaintiffs.

The lawsuit challenges two other policies as well: an indefinite freeze on green card applications filed by refugees, and a program that subjects lawfully admitted refugees to a new round of vetting.

In a joint statement, the plaintiffs and their lawyers said the decision "provides critical protection for refugees who have already endured persecution and undergone extensive vetting to build safe lives in the United States," and that no one should face losing lawful status "without a meaningful opportunity to defend themselves."

What happens next

The 30 day response window stays in place while the pause runs through November 6. The court is weighing whether to grant a longer stay, which would keep the rule blocked while the lawsuit proceeds.